DOJ Says USPS Can Continue to Deliver Prescription Abortion Medication
The mailing of mifepristone and misoprostol does not violate the Comstock Act
The U.S. Postal Service (USPS) can continue to deliver prescription abortion medication despite a June 2022 Supreme Court ruling that overturned a landmark abortion rights decision, the Justice Department said on Tuesday.
The department's Office of Legal Counsel said in an opinion sought by USPS that the mailing of mifepristone and misoprostol, commonly used to terminate pregnancies, did not violate an 1873 law known as the Comstock Act.
USPS said in a statement the opinion "confirms that the Comstock Act does not require the Postal Service to change our current practice, which has been to consider packages containing mifepristone and misoprostol to be mailable under federal law in the same manner as other prescription drugs."
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